South Africa Case Law

S v Papiyana and Another (CA&R 19/2021)

S v Papiyana and Another (CA&R 19/2021) [2021] ZAECMHC 8; 2021 (2) SACR 327 (ECM) (23 February 2021)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R 19/2021

Judges

M Notyesi, M Malusi

The court held that the provisions of section 93 ter(1) of the Magistrates' Court Act are peremptory and require the presence of two assessors in murder trials in the regional court unless the accused requests otherwise. In this case, both accused elected for the presence of assessors, and the magistrate had no discretion to proceed with only one assessor. The failure to properly constitute the court was a gross irregularity that vitiated the proceedings. Lack of human resources cannot justify non-compliance with statutory requirements. The conviction was set aside as the proceedings were not…

Source excerpt

• Proper Constitution Of Court
• Assessors In Regional Court
• Gross Irregularity
• Section 93 Ter Magistrates Court Act
• Administration Of Justice